Florida Documents Request Template For When Agencies Act Without A Basis (Arbitrary & Capricious)
When Just Asking For The Documents Ain't Good Enough
I am not a legal professional, so no legal advice or call to action of any kind is given or inferred, so please consult competent and licensed professional legal services for any legal advice. The following is for educational purposes only, and only reflects my personal experiences.
This approach is how I set up a possible court action to where a judge may have to compel a public officer to either provide or attest as to the existence of documents. This approach is for when agencies act or DO NOT act without a basis, and in order to ascertain if their actions are justified, a request for documents which could rationalize their actions is in order. Since I am not a lawyer, I have to go overboard, because most bureaucrats think anyone not an attorney asking them questions is lower level scum.
I NUMBER all of my requests. Some agencies want proof of identity, so I either have it notarized or I scan the front/back of my drivers license.
The following intro I use paints them into a corner so they don’t just make a general, “that record is exempt” without some form of accountability. This sets up a lawsuit to get a mandamus from a judge for them to disclose.
Here is the body of the request: (ask questions in the comments)
Part I : DOCUMENTATION REQUEST
In the interests of transparency and expediency please refer to each of the following requests by number, and when indexing them, please FIRST state either , “yes, such record(s) exist(s)”, or “no, such record(s) do not exist(s), and then proceed with any formal remarks. Otherwise, just stating that such record(s) are exempt from disclosure without first affirming if a record does or does not exist makes the response unclear, and can call the transparency of the (name of the agency or director, etc..) into question.
If, “yes, such record(s) exist”, and exempt from disclosure, then pursuant to Fl. Stat. §119.07(d), please redact those portions exempt from disclosure, and leave the non-exempt remainder.
If, “yes, such record(s) exist”, and completely exempt from disclosure, then pursuant to Fl. Stat. §119.07(e) , state the basis of the exemption contended to be applicable to the record, including the statutory citation to an exemption created or afforded by statute.
If, “yes, such record(s) exist”, and completely exempt from disclosure, then pursuant to §119.07(f), I respectfully request any custodian of such public records state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential.
Pursuant to §119(c), the undersigned would like to remind any custodian of records that, “a custodian of public records and his or her designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. A good faith response includes making “reasonable efforts to determine from other officers or employees within the agency.”
Therefore not responding “promptly”, and not first being clear whether certain record(s) either do or do not exist will lead the undersigned to believe that the (name of the agency or director, etc..) are not , or do not intend on acting in good faith.”
“Documentation” means, any , all, or a combination of legal citations relied upon , administrative protocols relied upon, facts, evidence, information, studies, epidemiological investigations, records, and/or data in custody of , on any databases, subscriptions thereof, websites, hard drives, cloud servers, and/or received by, and/or discovered by, or in the immediate control, possession, or custody of the ( whichever agency, department, office, bureau, or Ministry of Truth you are addressing)
If any costs are involved, contact me at (your email), Please provide any documentation which demonstrates that
______________________
etc…
Part II : AFFIDAVIT IN SUPPORT OF REQUESTS
State of Florida )
Subscribed and Affirmed )
County of )_______ )
I,, being of sound mind and under no duress, above the age of majority, do hereby certify, attest and affirm that the following is true, correct, complete, and not misleading , to the best of my own personal knowledge;
That Affiant has not seen or been presented with any facts or documentation, as defined in the foregoing request above, and also specifically denies the existence of such which demonstrates that
documentation from 1
documentation from 2. etc..
III. DEFAULT CLAUSE AT COMMON LAW
Response by Recipient
A proper response by the BUREAURAT (Director, Dr., Governor, Commissioner, Councilperson, etc…) constitutes , within 15 Calendar days, providing any documentation responsive to requests (1)-(?) with an affidavit in support which relevantly addresses this Affidavit In Support of Requests (1)-(?) by indexing each corresponding request and affirmation number herein with such relevant response, either by first clearly affirming such documents exist, or denying such records exist.
An improper response by the BUREAURAT includes, but is not limited to,
not referencing/indexing in the manner delineated in (1) above and/or also by either making declarations devoid of any documentation which address the requests in Part I and Affirmations in Part II, and
addressing only part of a request or affirmation, but remaining silent on any request/affirmation or part of a request / affirmation without explanation for any omission.
If there is no documentation responsive to address any of Part I or II , by specifically referencing any corresponding alphanumeric paragraphs so indexed, do so indicate in your proper response.
BUREAURAT agrees that
general declarations not referencing any of the request or affirmation numbers are insufficient responses because declarations permit lying by omission; and
any refusal to disclose such documentation which could rationalize that the (whatever action they are doing. or inaction without a basis) within (city, county, state) , then such will be grounds for estoppel in any redress court action and foundational grounds for ex parte suits; and that silence can also sometimes be equated with default and fraud, depending on the circumstances.
Stipulations Agreed To
In the event that BUREAURAT fails to perform, which includes not providing relevant responses to the matters noted herein, then it will be deemed equivalent to the BUREAURAT agreeing that (agency,etc…) never had any such documentation demonstrating how (whatever action or inaction) Absent any documentation as specified in Part II, then such would deprive The (city, county, state) of jurisdiction to be able to justify the (action//inaction) under the unsubstantiated presumption that (whatever it is they are doing) warranting such actions.
Further this Affiant sayeth naught, _______________________________ ,
PART IV: VERIFICATION
I,__________________ under penalties of perjury; do verify that the content and affirmations herein, in the whole of Parts I and II, and all attachments thereof; is true, correct, complete, and not misleading to the best of my own personal knowledge. _________________________________,
NOTARY PUBLIC’S JURAT
BEFORE ME, the undersigned authority, a Notary Public, of the County of Pinellas, State of Florida , this
_____day of ________________________, 20___,
did physically appear and was identified by Florida Driver’s License and who, upon first being duly sworn and/or affirmed, said that the foregoing affirmations (1)-(?) in Part II are true, correct, complete, and not misleading , to the best of his own personal knowledge
WITNESS my hand and official seal.
/s/______________________________
Okay, so if that is confusing, here is a documents request I did to the Florida Dept of Health and 20 other agencies when they were going gestapo on bars and restaurants with the masks. Here is an example of how I worded Part II and III above:
From Part II:
Please provide the following; If any costs are involved, contact me at (email)
Prior to November 13, 2020, any epidemiological investigation documentation conducted by the Florida Department of Health Pinellas (FDHP) reflecting COVID-19 metrics and given to the County. _____Y_____N
After November 15, 2020, any documentation the County gave to FDHP regarding which venues were presumed to be drivers of the upturns in COVID-19 metrics. _____Y_____N
After November 15, 2020, Any documentation demonstrating that the FDHP conducted an epidemiological investigation into any venues the County deemed either non-compliant with mask and distancing mandates and/or to be possible drivers of the COVID-19 metrics._____Y_____N
Any documentation FDHP has which demonstrates that since the PCSO investigation how many , and/or what proportion of COVID-19 cases , hospitalizations, and deaths (itemized separately) were traced to those venues investigated deemed non-compliant and/or presumed to be COVID-19 drivers by the PCSO investigation. _____Y_____N
Any documentation FDHP has for the whole year 2020 up to present, which demonstrates , and itemizing each venue type separately, exactly how many and/or what proportion of COVID-19 cases were traced to any bars, night clubs, restaurants, and entertainment venues, COVID hospitalizations traced to such, and COVID deaths traced to such. ___Y___N
Any documentation FDHP has which demonstrates that any other office or Department in Pinellas County has both the credentials and authorization to conduct epidemiological investigations such as
Making decisions on where to look for the source of upturns in COVID metrics, as stated by the Sheriff at ~8:20 in the December 3rd, 2020 conference with The County Administrator , and
Identifying where the drivers of the upturns in COVID metrics exist, as stated by the Sheriff at ~8:45 in the conference, and
Determining that the data gleaned from their investigation establishes the source of upturns in COVID-19 metrics, as stated by the Sheriff at ~9:20 in the conference. ___Y___N
For restaurants being limited to less than 100% of their capacity, and pursuant to EO-244 §3A(ii) , any documentation issued by the FDHP with an explanation to the County of how each limitation or requirement is necessary for public health in Pinellas County. ___Y___N
The Undersigned looks forward to your prompt , relevant, and transparent response pursuant to Fl. Stat. Ch. 119.
Respectfully Submitted,
_________________________,
From part III:
Affiant has not seen or been presented with any facts or documentation, as defined in the foregoing request above, and also specifically denies the existence of such which demonstrates that
1 Prior to November 13, 2020, The FDHP conducted any epidemiological investigation(s) reflecting COVID-19 metrics and then given to the County, and that
2 After November 15, 2020, the County gave documentation to FDHP regarding which venues were presumed to be drivers of the upturns in COVID-19 metrics, and
3 After November 15, 2020, the FDHP conducted an epidemiological investigation into the venues the County deemed to be possible drivers of the COVID-19 metrics, and
4 The FDHP has any documentation which demonstrates that since the PCSO investigation, a quantification of COVID-19 cases , hospitalizations, and deaths (itemized separately) that were traced to any venues in Pinellas County, and
5 The FDHP has any documentation for the whole year 2020 up to present, which demonstrates , and exactly how many and/or awhat proportion of COVID cases were traced to any bars, night clubs, restaurants, and entertainment venues, how many COVID hospitalizations were traced to such, and how many COVID deaths were traced to such, and
6 The FDHP has any documentation which demonstrates that any other office or Department in Pinellas County has both the credentials and authorization to conduct epidemiological investigations such as
7 Making decisions on where to look for the source of upturns in COVID metrics, and
a Identifying where the drivers of the upturns in COVID metrics exist, and
b Determining that the data gleaned from their investigation establishes the source of upturns in COVID-19 metrics.
c The FDHP has any documentation with an explanation to the County of how each limitation or requirement for restaurants operating at less than 100% of their capacity is necessary for public health in Pinellas County.